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forced-The English ordinance of 1646-7, relative to customs on goods ex-

ported to the plantations, and the first English excise law-The isle of Kent

submits, and the government thereof is settled-Governor Calvert's death and

character-Thomas Greene, esqr., his successor Mr. Hill renews his claims

on the province-Corn (private property,) pressed, or seized, for the use of the

garrison of St. Inigoe's fort-War with the Indians of Nanticoke and Wicom-

oco-Cautious proceedings to regulate the return of the disaffected—The ex-

portation of corn and horses prohibited-The administratrix of Governor Cal-

vert adjudged to be his lordship's attorney in fact, as governor Calvert had been

-An assembly called-They meet-Their proceedings-Proclamation of a

general pardon-The provincial court adjourned, and proclamation thereof

made-Affairs of England having relation to Maryland-Governor Greene re-

moved and governor Stone appointed in his stead-Strictures on his commis-

sion-A new oath prescribed to the governor-A new commission of the

council-Mr. Hatton sent in as secretary-A new great seal-Office of

muster-master general instituted-A new commission also for the commander

of the ise of Kent-Sixteen laws sent in, with a commission for propounding

them to the assembly-New conditions of plantation-Quarrel between gov.

ernor Green and the commander of the isle of Kent-Question, as to the right

of forfeitures for treason, accruing within a manor-Affairs of the mother

country in relation to Maryland-Session of assembly-Remarks on the acts

of this session-The act concerning religion-The letter of the assembly to

the lord proprietary-His lordship's reply the first settlement of the Puritans

at Providence, now Annapolis-New conditions of plantation, and grants of

land-Mr. Greene appointed governor in the absence of governor Stone-

Charles, the second, proclaimed king-Governor Stone returns, and convenes

the assembly-Their proceedings-The acts of this session-The governor

visits Providence, and organizes it into a county called Ann Arundel-The

commanders of the isle of Kent and Ann Arundel authorised to grant warrants

for land therein-King Charles the second, appoints a new governor of Mary-

land-The appointment of Mr. Gibbons, of New England, to be one of the

council-An assembly called-The ordinance of parliament of 1650-The col-

ony at Providence refuses to send delegates to the assembly-His lordship's

message on this subject-Sir William Berkeley's attempt to fix a settlement on

Palmer's island-Lord Baltimore's direction for remedying the loss of the re-

cords—and for civilizing the Indians-New directions for settling the province

-Mr. Mitchell removed from the council-A law against the spreading of

false news, proposed by his lordship-Proceedings in England for the "re-

ducement" of the colonies-Instructions to commissioners for the reducement

of Virginia-The commissioners sail on their expedition-Captain Curtis ar-

rives in Virginia, which is reduced-He, with the other commissioners, pro-

ceeds to Maryland, which submits,

issuing of writs-The early contests about the lands on the Delaware-State
of the Roman Catholic religion at this time in Maryland-Cromwell proclaim-
ed in Maryland as lord protector-Calvert county first erected-Governor Stone
revolts, and the province is again "reduced”—The government vested in cap-
tain Fuller and a council-An assembly called, which meets-Their proceed-
ings-Governor Stone re-assumes his office and powers as governor-organizes
a military force-And marches towards the Severn-The battle on the Severn
-The estates of the delinquents, (governor Stone's party,) sequestered-Pro-
ceedings in England relative to these provincial disputes-Fendall appointed
governor-He is arrested and imprisoned by the Puritans-The government of
England favourable to lord Baltimore-The agents, Bennett and Mathews,
persevere in their opposition to his lordship-Lord Baltimore's instructions to
his governor-Lord Baltimore sends his brother Philip Calvert to Maryland-
Mr. Barber appointed deputy governor in the absence of governor Fendall-
Fendall goes to England-The divided state of the province-Another Puritan
assembly is called, and meets-The agreement between lord Baltimore and
the agents, Bennett and Mathews-Lord Baltimore's instructions to his go-
vernor for the time being-Governor Fendall returns to Maryland-Negotia-
tions between the proprietary and Puritan governors for a surrender of the
province to the former-The final agreement and surrender in consequence
thereof,

444

CHARTER OF MARYLAND.

[As this volume may probably circulate further than the limits of the State of Maryland, and where the reader may not readily have access to a copy of the Charter of that State, as granted to lord Baltimore, it is thought most proper to insert here the translation of it, from the original latin, as it appears in Bacon's Collection of the laws of Maryland, which translation has always been deemed so authentic as nearly to have superseded the use of the original.]

CHARLES,* by the grace of God, of England, Scotland, France, and Ireland, KING, Defender of the Faith, &c. TO ALL to whom these presents shall come, GREETING.

II. Whereas our well beloved and right trusty subject CECILIUS CALVERT, Baron of BALTIMORE, in our kingdom of Ireland, son and heir of GEORGE CALVERT, knight, late baron of BALTIMORE, in our said kingdom of Ireland, treading in the steps of his father, being animated with a laudable and pious zeal for extending the christian religion, and also the territories of our empire, hath humbly besought leave of us, that he may transport, by his own industry, and expense, a numerous colony of the English nation, to a certain region, herein after described, in a country hitherto uncultivated, in the parts of America, and partly occupied by savages, having no knowledge of the Divine Being, and that all that region, with some certain privileges, and jurisdictions, appertaining unto the wholesome government, and state of his colony and region aforesaid, may by our royal highness be given, granted, and confirmed unto him, and his heirs.

III. KNOW YE therefore, that WE, encouraging with our royal favour, the pious and noble purpose of the aforesaid barons of BALTIMORE, of our special grace, certain knowledge, and mere motion, have GIVEN, GRANTED, and CONFIRMED, and by this our present CHARTER, for US, our heirs, and successors, do GIVE, GRANT, and CONFIRM, unto the aforesaid CECILIUS, now baron of BALTIMORE, his heirs, and assigns, all that part of the

• Charles the first, of England. VOL. II.-2

Peninsula, or Chersonese, lying in the parts of America, between the ocean on the east, and the bay of Chesapeake on the west; divided from the residue thereof by a right line drawn from the promontory, or head-land, called Watkin's Point, situate upon the bay aforesaid, near the river Wighco, on the west, unto the main ocean on the east ; and between that boundary on the south, unto that part of the bay of Delaware on the north, which lieth under the fortieth degree of north latitude from the æquinoctial, where New England is terminated: and all the tract of that land within the metes underwritten, (that is to say,) passing from the said bay, called Delaware bay, in a right line, by the degree aforesaid, unto the true meridian of the first fountain of the river of Pattowmack, thence verging towards the south, unto the farther bank of the said river, and following the same on the west and south, unto a certain place called Cinquack, situate near the mouth of the said river, where it disembogues into the aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory or place, called Watkin's Point, so that the whole tract of land, divided by the line aforesaid, between the main ocean, and Watkin's Point, unto the promontory called Cape Charles, and every the appendages thereof, may entirely remain excepted for ever to us, our heirs, and successors.

IV. Also We do GRANT, and likewise CONFIRM unto the said baron of BALTIMORE, his heirs, and assigns, all islands and islets within the limits aforesaid, all and singular the islands, and islets, from the eastern shore of the aforesaid region, towards the east, which have been, or shall be formed in the sea, situate within ten marine leagues from the said shore; with all and singular the ports, harbors, bays, rivers, and straits belonging to the region or islands aforesaid, and all the soil, plains, woods, mountains, marshes, lakes, rivers, bays, and straits, situate, or being within the metes, bounds, and limits aforesaid, with the fishings of every kind of fish, as well of whales, sturgeons, or other royal fish, as of other fish in the sea, bays, straits, or rivers, within the premises, and the fish there taken: and moreover all veins, mines, and quarries, as well opened as hidden, already found, or that shall be found within the region, islands, or limits aforesaid, of gold, silver, gems, and precious stones, and any other whatsoever, whether they be of stones, or metals, or of any other thing, or matter whatsoever and furthermore the PATRONAGES and ADVOWSONS of all churches which (with the increas

ing worship and religion of CHRIST,) within the said region, islands, islets, and limits aforesaid, hereafter shall happen to be built; together with licence, and faculty of erecting and found. ing churches, chapels, and places of worship, in convenient and suitable places, within the premises, and of causing the same to be dedicated and consecrated according to the ecclesiastical laws of our kingdom of ENGLAND;* With all, and singular, such, and as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and royal rights, and temporal franchises whatsoever, as well by sea as by land, within the region, islands, islets, and limits aforesaid, to be had, exercised, used, and enjoyed, as any bishop of Durham, within the bishoprick or county palatine of Durham, in our kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of right could, or ought to have, held, use, or enjoy.

V. And We do by these presents, for us, our heirs and successors, MAKE, CREATE, and CONSTITUTE HIM, the now baron of BALTIMORE, and his heirs, the TRUE and ABSOLUTE LORDS and PROPRIETARIES of the region aforesaid, and of all other the premises (except the before excepted) saving always the faith and allegiance and sovereign dominion due to us, our heirs, and successors; to HAVE, HOLD, POSSESS, and ENJOY the aforesaid region, islands, islets, and other the premises, unto the aforesaid now baron of BALTIMORE, and to his heirs and assigns, to the sole and proper behoof and use of him, the now baron of BALTIMORE, his heirs and assigns, for ever. Το HOLD of us, our heirs and successors, kings of England, as of our castle of Windsor, in our county of Berks, in free and common SOCCAGE, by fealty only for all services, and not in capite, nor by knight's service, YIELDING therefore unto us, our heirs and successors, TWO INDIAN ARROWS of those parts, to be de

⚫ It would seem from this and the preceding section, that all that follows from the word "England," of this fourth section above, relates to the whole of the grant, and is not confined to the "patronages and advowsons of churches," as would seem at first from the manner in which it is printed in the translation in Bacon's laws. In the original latin, in the opposite page, (as it is in Bacon's laws,) the word "Cum" is printed with a capital letter, which denotes, that a new sentence was intended to begin there; and that the sentence "rights, jurisdictions," &c. refers to all that was granted in the third and preceding part of the fourth section. The words,-" as well by sea as by land," &c. confirm this construction. I have, therefore, made a semicolon, instead of a comma, (as it is printed in Bacon's laws,) at the word “England,” and altered the small w of the word "with" into a capital W.

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